The case involves a dispute between the Koninklijke Nederlandse Voetbalbond (KNVB), the Dutch football association, and FIFA, adjudicated by the Court of Arbitration for Sport (CAS). The conflict arose from incidents during a 2014 FIFA World Cup qualifying match between the Netherlands and Romania, where Romanian fans ignited bengal lights and displayed a political banner. FIFA initiated disciplinary proceedings against the KNVB under its Disciplinary Code (FDC), holding the host association strictly liable for fan misconduct under Article 67(1). The KNVB appealed, arguing it had taken all reasonable measures to prevent the incidents and should not be held accountable for the actions of visiting supporters.
The CAS panel upheld FIFA's strict liability rule, emphasizing its necessity to maintain stadium safety and combat violence. It clarified that while the host association remains responsible for spectator misconduct, even if caused by visiting fans, sanctions can be adjusted based on mitigating factors. The panel distinguished between liability and sanction, noting that while liability is strict, FIFA has discretion in imposing penalties, including reducing or waiving them. The KNVB had implemented security measures like body searches and warnings against fireworks, but the small size of bengal lights made detection difficult. The political banner, written in Romanian, was promptly removed once identified. The panel acknowledged these efforts but reaffirmed the principle of strict liability.
For the banner incident, the panel ruled the KNVB should not be sanctioned, as the association could not reasonably have prevented it due to the banner's concealment and foreign language. However, the KNVB was held liable for the bengal lights, with the panel reducing the original CHF 10,000 fine to CHF 7,500, considering it proportional. The panel also noted a prior sanction against the KNVB as an aggravating factor. The final decision set aside FIFA's original ruling, exempting the KNVB from sanctions for the banner but upholding the reduced fine for the bengal lights. The ruling underscores the balance between enforcing strict liability for spectator misconduct and recognizing the practical challenges faced by host associations. It reaffirms FIFA's authority to impose disciplinary measures while allowing flexibility in sanctions based on proactive efforts and context. The case highlights the complexities of applying strict liability rules in football governance, particularly when incidents involve visiting supporters.